169A.51 CHEMICAL TESTS FOR INTOXICATION. Subdivision 1. Implied consent; conditions; election of test. (a) Any person who drives,
operates, or is in physical control of a motor vehicle within this state or on any boundary water of
this state consents, subject to the provisions of sections
169A.50 to
169A.53 (implied consent
law), and section
169A.20 (driving while impaired), to a chemical test of that person's blood,
breath, or urine for the purpose of determining the presence of alcohol, a controlled substance
or its metabolite, or a hazardous substance. The test must be administered at the direction of
a peace officer.
(b) The test may be required of a person when an officer has probable cause to believe the
person was driving, operating, or in physical control of a motor vehicle in violation of section 169A.20 (driving while impaired), and one of the following conditions exist:
(1) the person has been lawfully placed under arrest for violation of section
169A.20 or
an ordinance in conformity with it;
(2) the person has been involved in a motor vehicle accident or collision resulting in property
damage, personal injury, or death;
(3) the person has refused to take the screening test provided for by section
169A.41
(preliminary screening test); or
(4) the screening test was administered and indicated an alcohol concentration of 0.08 or
more.
(c) The test may also be required of a person when an officer has probable cause to believe
the person was driving, operating, or in physical control of a commercial motor vehicle with
the presence of any alcohol. Subd. 2. Implied consent advisory. At the time a test is requested, the person must be
informed:
(1) that Minnesota law requires the person to take a test:
(i) to determine if the person is under the influence of alcohol, controlled substances, or
hazardous substances;
(ii) to determine the presence of a controlled substance listed in schedule I or II or metabolite,
other than marijuana or tetrahydrocannabinols; and
(iii) if the motor vehicle was a commercial motor vehicle, to determine the presence of
alcohol;
(2) that refusal to take a test is a crime;
(3) if the peace officer has probable cause to believe the person has violated the criminal
vehicular homicide and injury laws, that a test will be taken with or without the person's consent;
and
(4) that the person has the right to consult with an attorney, but that this right is limited to the
extent that it cannot unreasonably delay administration of the test. Subd. 3. Type of test. The peace officer who requires a test pursuant to this section may
direct whether the test is of blood, breath, or urine. Action may be taken against a person who
refuses to take a blood test only if an alternative test was offered and action may be taken against
a person who refuses to take a urine test only if an alternative test was offered. Subd. 4. Requirement of urine or blood test. Notwithstanding subdivision 3, a blood or
urine test may be required even after a breath test has been administered if there is probable
cause to believe that:
(1) there is impairment by a controlled substance or a hazardous substance that is not subject
to testing by a breath test; or
(2) a controlled substance listed in schedule I or II or its metabolite, other than marijuana or
tetrahydrocannabinols, is present in the person's body.
Action may be taken against a person who refuses to take a blood test under this subdivision
only if a urine test was offered and action may be taken against a person who refuses to take
a urine test only if a blood test was offered. Subd. 5. Breath test using approved breath-testing instrument. (a) In the case of a breath
test administered using an infrared or other approved breath-testing instrument, the test must
consist of analyses in the following sequence: one adequate breath-sample analysis, one control
analysis, and a second, adequate breath-sample analysis.
(b) In the case of a test administered using an infrared or other approved breath-testing
instrument, a sample is adequate if the instrument analyzes the sample and does not indicate the
sample is deficient.
(c) For purposes of section
169A.52 (revocation of license for test failure or refusal), when a
test is administered using an infrared or other approved breath-testing instrument, failure of a
person to provide two separate, adequate breath samples in the proper sequence constitutes
a refusal.
(d) For purposes of section
169A.52 (revocation of license for test failure or refusal), when
a test is administered using an infrared or other approved breath-testing instrument, a breath
test consisting of two separate, adequate breath samples within 0.02 alcohol concentration is
acceptable. A breath test consisting of two separate, adequate breath samples failing to meet this
criterion is deficient.
(e) If the first breath test is deficient, as defined by paragraph (d), a second breath test must
be administered.
(f) Two deficient breath tests, as defined by paragraph (d), constitute a refusal. Subd. 6. Consent of person incapable of refusal not withdrawn. A person who is
unconscious or who is otherwise in a condition rendering the person incapable of refusal is
deemed not to have withdrawn the consent provided by subdivision 1 and the test may be given. Subd. 7. Requirements for conducting tests; liability. (a) Only a physician, medical
technician, emergency medical technician-paramedic, registered nurse, medical technologist,
medical laboratory technician, or laboratory assistant acting at the request of a peace officer may
withdraw blood for the purpose of determining the presence of alcohol, a controlled substance
or its metabolite, or a hazardous substance. This limitation does not apply to the taking of a
breath or urine sample.
(b) The person tested has the right to have someone of the person's own choosing administer
a chemical test or tests in addition to any administered at the direction of a peace officer; provided,
that the additional test sample on behalf of the person is obtained at the place where the person is
in custody, after the test administered at the direction of a peace officer, and at no expense to the
state. The failure or inability to obtain an additional test or tests by a person does not preclude the
admission in evidence of the test taken at the direction of a peace officer unless the additional test
was prevented or denied by the peace officer.
(c) The physician, medical technician, emergency medical technician-paramedic, medical
technologist, medical laboratory technician, laboratory assistant, or registered nurse drawing
blood at the request of a peace officer for the purpose of determining the concentration of alcohol,
a controlled substance or its metabolite, or a hazardous substance is in no manner liable in any
civil or criminal action except for negligence in drawing the blood. The person administering a
breath test must be fully trained in the administration of breath tests pursuant to training given by
the commissioner of public safety.History: 2000 c 478 art 1 s 31; 1Sp2001 c 8 art 12 s 7; 2003 c 96 s 3; 1Sp2003 c 2 art 9 s
12; 2004 c 283 s 4; 2006 c 260 art 2 s 6-9